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Even though only the assessee is entitled to say refund, nevertheless, in the next cases the refund can be claimed by an individual in addition to the assessee: in which the cash flow of one man or woman is provided less than any provision on the Profits-tax Act in the whole earnings of some other human being, the latter by itself shall be entitled to the refund in regard of these kinds of profits;

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The contention in the Office that there is no provision in law enabling these types of desire on curiosity was negated- desire on desire was payable under Part 240 on the Act. This sort of fascination is payable because Segment 240 utilizes the words and phrases ‘any volume’. The frequent interest will click here for info take the colour of tax upon which even further fascination is payable.

Or has the limitation under Area 263 to expire right before any refund is granted? Have a case where you'll find A large number of crores at stake or maybe the Examining Officer has for any reason granted large amounts of refund through inadvertence. It seems achievable that assessee’s be required to wait until limitation less than Segment 263 has elapsed for The key reason why that the Revenue has no solution of attractiveness as well as in any other case has no option remedy. It will probably be severely prejudicial for the pursuits on the Income If your refunds are granted before the expiry in the limitation interval delivered beneath Section 263(2) in the Act.

(ii) If your tax requires sought to generally be set off versus refunds due are stayed by any authority, tribunal, or courtroom, the adjustment is plainly impermissible. This is often for The key reason why that no tax is remaining payable or is required to be compensated.

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‘We explain that it's only that fascination presented for beneath the statute which may be claimed by an Assessee with the Revenue and no other fascination on this kind of statutory interest.’

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